RADHA KISHUN Vs. KHURSHED HOSSEIN

JUDGEMENT

(1.) The suit out of which this appeal arises is one brought by the appellant, Radha Kishun, for the realisation of his mortgage security by sale, and the only question now remaining for decision is whether the appellant s claim to four villages which form a part of n his security is barred by the plea of res judicata.

(2.) The Additional Subordinate Judge of Mozufferpur and on appeal the High Court of Calcutta have decided adversely to him. He has accordingly preferred this appeal.

(3.) There are two groups of contesting respondents who may be conveniently described as the Sheikhs and the Sahus. The Sheikhs claim the two villages called Barnihar and Lachnowta, the Sahus those named Pandharia and Gamharia.